Report No. 200

New South Wales (Australia): balancing of expression and due process in criminal trials:

In Australia, the New South Wales Law Commission had prepared a comprehensive Discussion Paper, Paper No.3 (2000) on 'Contempt by Publication' and a Final Report 100 (2003) (See www.lawlink.nsw.gov.au/tra.nsf/pages/dp43 toc and Lawlink NSW). In the Discussion Paper, in Ch 1 (para1.20), it is stated:

"Competing Public Interests:

1.20. Because it imposes restraints on the publication of information, the sub judice rule may be seen to limit both access to information about matters before the courts and freedom of discussion in our society. The Courts justify these limitations on the basis that the public interest in protecting the proper administration of justice, particularly in criminal cases, should generally outweigh the public interest in access to information and freedom of speech. Critics of the sub judice rule have sometimes questioned the balance which is struck between the competing public interests. The Commission examines these criticisms in Chapter 2".

In Chapter 2 of the Discussion Paper (NSW) (2000) there is a full discussion of the subject and it is stated as follows:-